981 F.

2d 1251

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of

unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Arlene SHARPE, widow of McLynn Sharpe, Petitioner,
v.
WESTMORELAND COAL COMPANY, Incorporated;
Director, Office
of Workers' Compensation Programs, United States
Department of Labor, Respondents.
No. 92-1051.

United States Court of Appeals,

Fourth Circuit.
Submitted: October 14, 1992
Decided: December 17, 1992

On Petition for Review of an Order of the Benefits Review Board.

Arlene Sharpe, Petitioner Pro Se.
Ann Brannon Rembrandt, JACKSON & KELLY; Michael John Denney,
Christian P. Barber, UNITED STATES DEPARTMENT OF LABOR, for
Respondents.
Ben.Rev.Bd.
AFFIRMED.
Before WILKINS, NIEMEYER, and LUTTIG, Circuit Judges.
PER CURIAM:

Arlene Sharpe seeks review of the Benefits Review Board's decision and order

affirming the administrative law judge's denial of black lung disability benefits
pursuant to 30 U.S.C.A. 901-945 (West 1986 & Supp. 1992). Our review of
the record discloses that the Board's decision is based upon substantial evidence
and that this appeal is without merit. Accordingly, we affirm on the reasoning
of the Board.* Sharpe v. Westmoreland Coal Co., Nos. 88-2799-BLA, 89-6055BLA (BRB Oct. 25, 1991). We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials before the Court
and argument would not aid the decisional process.
AFFIRMED

We note that the record in this case, which concerns a claim for disability
benefits rather than for survivors benefits, does not include an autopsy protocol.
Our decision would not preclude the award of benefits to Mrs. Sharpe should
she file a claim for survivor's benefits if autopsy evidence indicates that coal
workers' pneumoconiosis substantially contributed to Mr. Sharpe's death. See
Shuff v. Cedar Coal Co.,-F.2d-, No. 91-2572 (4th Cir. June 18, 1992)